Online Coaching Waiver
This Online Coaching Services Agreement is made and entered into 2022 by and between Evolve Fitness, LLC., Oklahoma City, OK and client. Coach and the Client are sometimes collectively referred to in this Agreement as the Parties.
The Parties hereby agree to the following terms and conditions:
1. GENERAL TERMS
Client acknowledges that s/he is contracting for the services of an online personal health and fitness coach provided by Evolve Fitness, LLC. (each such individual hereinafter referred to as “Coach”). This agreement entitles any Coach employed by Evolve Fitness, LLC. to work with Client to provide the services described in this Agreement.
2. SERVICES TO BE PROVIDED:
Coach will design a tailored exercise and/or nutrition program for the Client that reflects the client’s objectives, fitness level, and experience. Coach will review the proposed program with Client prior to Client commencing the program. Client’s commencement of the program constitutes Client’s acceptance of the proposed program.
The program may include one or more of the following:
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Custom program oriented towards Client’s goal(s)
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Assessments, including but not limited to the cardiovascular system, heart rate, muscle strength, endurance, and flexibility
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Custom macros or other standard nutrition protocol based on Coach and Client discussion (this may vary from client to client when taking personal needs into account)
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Access to FB Group for community, support and a live weekly workout per week
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Educational resources to be provided such as nutritional & exercise tips
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Messaging availability via training app or text that includes a 24–48-hour response time.
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Weekly check-ins with responses from Coach via Loom video, email, or phone/text
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Access to Evolve Training App
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Behavior and Nutrition Coaching
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Video Form Checks
2B. Coach Expectations:
Coach and Client will have scheduled check-ins to ensure Client is progressing through the coaching program.
Coach will be available for messaging support and questions throughout the week. Clients will receive a response from their coach within 24 hours of the client’s last message sent, except for on Sundays. Any messages sent on Saturdays will be replied to either that day or on Monday.
Coach will respond to on time check-ins within 24 hours of submission. Late check-in submissions will still be accepted, however, will be responded to within 48-72 hours of submission.
Any exercise or nutrition protocol adjustments, or exercise form assessments, should be addressed during check-ins.
3. CONFIDENTIALITY
From time to time during the Term of this Agreement, Company (as the "Disclosing Party") may disclose or make available to the Client (as the "Receiving Party") information about its business affairs, products/services, confidential intellectual property, trade secrets, third-party confidential information and other sensitive or proprietary information, whether orally or in written, electronic or other form of media whether or not marked, designated or otherwise identified as "confidential" (collectively, "Confidential Information”) This includes but is not limited to items such as workout protocols, nutritional guidelines, exercise explanations, e-books, videos related to exercise performance and any other information disseminated to the Receiving Party by the Disclosing party to aid in the execution of this Agreement.
The Receiving Party shall: (A) protect and safeguard the confidentiality of the Disclosing Party's Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (B) not use the Disclosing Party's Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (C) not disclose any such Confidential Information to any person or entity, except to the Receiving Party's Representatives who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under the Agreement. The Receiving Party shall be responsible for any breach of this Section caused by any of its Representatives.
On the expiration or termination of the Agreement/At any time during or after the term of this Agreement, at the Disclosing Party's written request, the Receiving Party shall promptly return, and shall require its Representatives to return to the Disclosing Party all copies, whether in written, electronic or other form or media, of the Disclosing Party's Confidential Information, or destroy all such copies and certify in writing to the Disclosing Party that such Confidential Information has been destroyed. In addition to all other remedies available at law, the Disclosing Party may seek equitable relief (including injunctive relief) against the Receiving Party and its Representatives to prevent the breach or threatened breach of this Section and to secure its enforcement.
4. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the Parties, and supersedes any and all previous understanding, agreements, arrangements, or discussions, written or oral, between the Parties relating hereto. There are no collateral agreements, representations, or guarantees, oral or otherwise unless attached hereto and signed by both Parties.
5. WARRANTIES
Coach warrants that they will provide coaching services in accordance with industry standards and with the same level of care in providing the coaching services as it does for itself and in no event less than a reasonable level of care. There are no other warranties either express or implied in this Agreement that are not expressly contained in this Agreement.
6. ASSUMPTION OF THE RISKS AND RELEASE.
BY SIGNING THIS AGREEMENT, CLIENT RECOGNIZES THAT THERE ARE CERTAIN INHERENT RISKS ASSOCIATED WITH THE ABOVE DESCRIBED ACTIVITIES AND THAT THE PROGRAM MAY INVOLVE STRENUOUS PHYSICAL ACTIVITY INCLUDING, BUT NOT LIMITED TO MUSCLE STRENGTH, AND ENDURANCE TRAINING, CARDIOVASCULAR CONDITIONING AND TRAINING, AND ANY OTHER FITNESS ACTIVITY.
CLIENT HEREBY AFFIRMS THAT CLIENT IS IN GOOD PHYSICAL CONDITION AND DOES NOT SUFFER FROM ANY KNOWN DISABILITY OR CONDITION WHICH WOULD PREVENT OR LIMIT CLIENT’S PARTICIPATION IN THE ONLINE FITNESS COACHING PROGRAM. CLIENT UNDERSTANDS THAT CLIENT’S ENROLLMENT AND PARTICIPATION IS PURELY VOLUNTARY AND IN NO WAY MANDATED BY COACH OR COMPANY. CLIENT ASSUMES FULL RESPONSIBILITY FOR PERSONAL INJURY TO CLIENT AND (IF APPLICABLE) CLIENT’S FAMILY MEMBERS OR THOSE WITH WHOM CLIENT SHARES THE COACHING PROGRAM.
CLIENT FURTHER AFFIRMS THAT CLIENT’S RESPONSES TO THE PRE-SCREENING QUESTIONNAIRE IN NO WAY SHIFT LIABILITY TO COACH OR COMPANY AND IT IS CLIENT’S RESPONSIBILITY TO DETERMINE WHETHER OR NOT CLIENT IS PHYSICALLY AND MENTALLY ABLE TO PARTICIPATE IN THE COACHING PROGRAM.
Client hereby expressly waives and releases any and all claims, now known or hereafter known in any jurisdiction throughout the world, against Coach or Company, and its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, "Releases"), on account of injury, death, or property damage arising out of or attributable to my participation in the online fitness coaching program, whether arising out of the negligence of the Coach, Company, or any Releases or otherwise. Client covenants not to make or bring any such claim against the Coach, Company, or any other Releasee, and forever release and discharge the Coach, Company, and all other Releases from liability under such claims.
By signing below, Client acknowledges that Client has read and understood all of the terms of this agreement and that Client voluntarily giving up substantial legal rights, including the right to sue Coach or Company.
7. INDEMNIFICATION. Client shall defend, indemnify, and hold harmless the Coach, Company, and all other Releases against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by/awarded against indemnified party in a final judgment, arising out or resulting from any claim of a third party arising from or related to the acts described in this Agreement.
8. NUTRITIONAL DISCLAIMER
By participating in the online coaching program, Client understands and agrees that Coach is not a medical practitioner nor a registered dietician. Any nutritional guidance or information given is not meant to be used as prescriptions for diets, or supplements to treat any medical or clinical condition, to treat any symptoms of a medical or clinical condition or to diagnose a medical or clinical condition. Any nutritional information given is merely information regarding nutrition for healthy individuals only. If you have a medical or clinical condition, please consult a medical practitioner for more information regarding nutrition and your condition.
9. NON-DISPARAGEMENT AGREEMENT
Company, Coach and Client mutually agree to refrain from making any disparaging statements, either orally or in writing, about each other, or any affiliate of the Coach or Company, or about any of the Coaches or any affiliate of the Coach's directors, officers, agents, partners, athletes or representatives.
10. PAYMENTS
Evolve Fitness LLC will bill Client on a monthly or basis, in equal installments of the total cost indicated above, if the amount is not already paid in full at the time of initiation of services. The Company shall supply the Client an electronic receipt for all amounts paid under this Agreement. Pricing for the services provided in this Agreement shall be as stated on such invoices. Client agrees that all payments are to be made via Paypal or Trainerize.
If payment is not made or is not authorized, all coaching services will be suspended until a new payment is made by Client. Failure to submit a valid payment puts the Client in breach of contract but does not terminate the agreement.
Client understands and agrees that no refunds for any payments made to Evolve Fitness, LLC. will be provided.
This Online Coaching Services Agreement is made and entered into 2022 by and between Evolve Fitness, LLC., Oklahoma City, OK and client. Coach and the Client are sometimes collectively referred to in this Agreement as the Parties.
11. USE OF PHOTOS AND PERSONAL INFORMATION BY COACH
Client acknowledges that photos and or videos of Client may be used across various social media platforms, and websites by Coach for marketing purposes. Client gives permission and consent to allow Coach to use client progress photos as necessary on platforms including but not limited to Instagram, Instagram Story, Facebook, and their own personal website. Clients may request that all photos be kept private and not used in any manner, further if any time Client is uncomfortable with a photo that has been shared, they may request Coach to take down certain photos or information. Company shall own all right, title, and interest in and to all photos and videos of Client that are taken using Company or Coach’s photo or video equipment, or that are used on Coach or Company’s website or social media platforms.
12. APPLICABLE LAW.
The laws of the State of Oklahoma will govern all questions concerning the construction, validity and interpretation of this Agreement and the performance of the obligations imposed by this Agreement.
13. REMEDIES. Except as otherwise provided in this Agreement, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.
14. SIGNATORIES.
This Agreement shall be signed on behalf by Jamie Crone and Chanel Brown on behalf of Evolve Fitness, LLC, and by the Client. This Agreement is effective immediately upon the signature of both parties.
Any client under the age of 18 must have a parent or legal guardian sign this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above.